[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3259 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3259

    To establish scientific standards and protocols across forensic 
                  disciplines, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

Mr. Blumenthal introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To establish scientific standards and protocols across forensic 
                  disciplines, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forensic Science and Standards Act 
of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) at the direction of Congress, the National Academy of 
        Sciences led a comprehensive review of the state of forensic 
        science and issued its findings in a 2009 report, 
        ``Strengthening Forensic Science in the United States: A Path 
        Forward'';
            (2) the report's findings indicate the need for independent 
        scientific research to support the foundation of forensic 
        disciplines;
            (3) the report stresses the need for standards in methods, 
        data interpretation, and reporting, and the importance of 
        preventing cognitive bias and mitigating human factors; and
            (4) according to the report, forensic science research is 
        not financially well-supported, and there is need for a unified 
        strategy for developing a forensic science research plan across 
        Federal agencies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on Forensic Science, a Federal advisory committee 
        established under section 9.
            (2) Coordinating office.--The term ``Coordinating Office'' 
        means the National Forensic Science Coordinating Office 
        established under section 4(b).
            (3) Forensic science.--The term ``forensic science'' means 
        the scientific and technical practice, including all tests, 
        methods, measurements, and procedures, applied to the 
        collection, evaluation, and analysis of physical and digital 
        evidence, for use in investigations and legal proceedings.
            (4) Standards development organization.--The term 
        ``standards development organization'' means a domestic or an 
        international organization that plans, develops, establishes, 
        or coordinates voluntary consensus standards using procedures 
        that incorporate openness, a balance of interests, consensus, 
        due process, and an appeals process.

SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH INITIATIVE.

    (a) Establishment.--
            (1) In general.--There is established a National Forensic 
        Science Research Initiative to improve, expand, and coordinate 
        Federal research in the forensic sciences.
            (2) Duties and responsibilities.--The Director of the 
        Office of Science and Technology Policy shall carry out the 
        duties and responsibilities of the National Forensic Science 
        Research Initiative.
            (3) Federal participation.--Federal participation shall 
        include--
                    (A) the National Science Foundation;
                    (B) the National Institute of Standards and 
                Technology;
                    (C) the Department of Justice; and
                    (D) other Federal agencies contributing to research 
                in forensic science.
    (b) National Forensic Science Coordinating Office.--
            (1) Establishment.--There is established a National 
        Forensic Science Coordinating Office, with a full-time director 
        and additional staff, as needed, to be located at the Office of 
        Science and Technology Policy.
            (2) Director.--The Director of the Coordinating Office 
        shall be a senior Federal agency manager with appropriate 
        expertise detailed to the Office of Science and Technology 
        Policy for a period of 3 years. Responsibility for providing a 
        director shall rotate among the Federal agencies participating 
        in the National Forensic Science Research Initiative.
            (3) Duties of the director.--The Director shall be 
        responsible for carrying out this section, including 
        coordinating the development of a unified Federal research 
        strategy under subsection (d), working with Federal agencies to 
        execute the research strategy, and overseeing periodic reviews 
        of the National Forensic Science Research Initiative.
            (4) Funding.--Responsibility to fund the Coordinating 
        Office shall be shared by the Federal agencies participating in 
        the National Forensic Science Research Initiative. Such Federal 
        agencies may dedicate additional full-time or part-time staff 
        to the Coordinating Office, as appropriate, to sustain ongoing 
        activities, facilitate special studies, and provide additional 
        support.
    (c) Report on Forensic Science.--Not later than 180 days after the 
date of enactment of this Act--
            (1) the Director of the National Science Foundation, in 
        consultation with the Director of the National Institute of 
        Standards and Technology, the Attorney General, and the 
        Director of the Coordinating Office shall contract with the 
        National Research Council or a similar external, independent 
        scientific entity to conduct a study and develop a report 
        that--
                    (A) assesses progress made in addressing issues 
                identified in the National Research Council's report 
                entitled ``Strengthening Forensic Science in the United 
                States: A Path Forward'', issued in February, 2009;
                    (B) identifies the most critical challenges in 
                forensic science that require further research to--
                            (i) strengthen the scientific foundation of 
                        existing forensic science disciplines; and
                            (ii) support the development of emerging 
                        forensic science disciplines;
                    (C) makes recommendations regarding research that 
                will help address the challenges identified under 
                subparagraph (B), including recommendations to identify 
                mechanisms to accomplish that research;
                    (D) takes into account previous studies and 
                reports; and
                    (E) takes into account the expertise and needs of 
                Federal, State, local, and tribal forensic science 
                practitioners, law enforcement, the legal community, 
                victim advocate organizations, and organizations that 
                defend the wrongfully convicted; and
            (2) the entity contracted under paragraph (1) shall submit 
        the report under that paragraph to the Director of the National 
        Science Foundation, the Director of the National Institute of 
        Standards and Technology, the Attorney General, and Congress.
    (d) Unified Federal Research Strategy.--The Coordinating Office 
shall coordinate with relevant Federal agencies for--
            (1) the development of a unified Federal research strategy 
        that--
                    (A) specifies and prioritizes the short-term and 
                long-term research necessary to enhance the 
                establishment, validity, and reliability of the 
                forensic science disciplines, including specific 
                milestones and objectives as appropriate;
                    (B) is consistent with the recommendations in the 
                report required by subsection (c);
                    (C) describes the role of each Federal agency in 
                supporting the specific areas of research identified in 
                subparagraph (A); and
                    (D) describes common metrics and other evaluation 
                criteria that will be used to assess progress toward 
                achieving the priorities, milestones, and objectives 
                identified under subparagraph (A); and
            (2) the development of any necessary programs, policies, 
        and budgets to support the implementation of the research 
        strategy developed under paragraph (1), including mechanisms 
        for joint-agency review of research proposals, for interagency 
        co-funding of research activities, and for information sharing 
        across agencies.
    (e) Consultation.--In developing and implementing the unified 
Federal research strategy, the Director of the Coordinating Office 
shall consult with forensic science practitioners, as appropriate, to 
ensure that the unified Federal research strategy takes into account 
practical applications and implementations of the research identified 
under subsection (d)(1)(A).
    (f) Annual Report.--The Coordinating Office shall submit an annual 
report to Congress, not later than 90 days after the submission of the 
President's annual budget request, that includes--
            (1) the budget for the National Forensic Science Research 
        Initiative for each agency that participates in the program; 
        and
            (2) a description of progress made toward achieving the 
        priorities, milestones, and objectives identified in the 
        unified Federal research strategy for the previous fiscal year.

SEC. 5. IMPLEMENTATION OF FORENSIC SCIENCE RESEARCH RECOMMENDATIONS.

    (a) Establishment.--Federal agencies participating in the National 
Forensic Science Research Initiative, including the National Science 
Foundation, the National Institute of Standards and Technology, and the 
Department of Justice, in partnership with the Director of the 
Coordinating Office, shall improve the foundation and practice of 
forensic science in the United States by--
            (1) conducting or supporting research consistent with the 
        unified Federal research strategy developed under section 4(d);
            (2) building relationships between forensic science 
        practitioners and members of the research community;
            (3) encouraging and promoting the education and training of 
        a diverse group of people to be leaders in the 
        interdisciplinary field of forensic science; and
            (4) broadly disseminating the results of the research 
        conducted or supported under paragraph (1).
    (b) Merit Review.--Each external forensic science research grant 
awarded by a Federal agency under this section shall be subject to a 
competitive merit review process that shall--
            (1) be conducted by individuals qualified to evaluate the 
        scientific merit of the proposed research activity; and
            (2) evaluate the proposed research activity by criteria 
        that include--
                    (A) the ability of each proposed research activity 
                to advance knowledge and understanding relevant to the 
                forensic sciences and to benefit society or advance 
                desired societal outcomes;
                    (B) the potential for the research activity to 
                explore creative, original, or transformative concepts;
                    (C) the qualifications of the individual, team, or 
                organization proposing the research activity and the 
                adequacy of the research plans; and
                    (D) the adequacy of the resources available to the 
                individual, team, or organization proposing the 
                research activity.
    (c) Publication.--Research conducted from grants awarded under this 
section by Federal agencies shall take into consideration the 
requirements of peer-reviewed scientific journals and encourage the 
communication and open exchange of data and results to other agencies, 
policymakers, and the public.

SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES.

    (a) Prizes and Challenges.--
            (1) In general.--A Federal agency may assist in satisfying 
        the research needs and priorities identified in the unified 
        Federal research strategy developed under section 4(d) by using 
        prizes and challenges under the America COMPETES 
        Reauthorization Act of 2010 (42 U.S.C. 6621 et seq.) or under 
        any other provision of law, as appropriate.
            (2) Purposes.--The purpose of a prize or challenge under 
        this section, among other possible purposes, may be--
                    (A) to determine or develop the best data 
                collection practices or analytical methods to evaluate 
                a specific type of forensic data;
                    (B) to quantify or improve the efficiency, 
                reliability, or accuracy of an analytical method;
                    (C) to design new methodologies to integrate 
                evidence collection, documentation, and analysis at 
                crime scenes; or
                    (D) to address other topics as proposed by the 
                forensic science community.
    (b) Forensic Data Sets.--The Director of the National Institute of 
Standards and Technology or the Attorney General shall provide or 
contract with a non-Federal party to prepare, if necessary for a prize 
carried out under this section, a sufficient set of data or samples, 
including associated digital data that could be shared without 
limitation and physical specimens that could be shared with qualified 
parties, for purposes of a prize or challenge.

SEC. 7. FORENSIC SCIENCE RESEARCH AT THE NATIONAL SCIENCE FOUNDATION.

    (a) Grants.--The Director of the National Science Foundation shall 
award forensic science basic research grants to improve the foundation 
and practice of forensic science in the United States, consistent with 
the Foundation's mission and the recommendations in the unified Federal 
research strategy developed under section 4(d).
    (b) Forensic Science Research Centers.--
            (1) In general.--The Director of the National Science 
        Foundation shall award grants to support one or more forensic 
        science research centers--
                    (A) to conduct research consistent with the unified 
                Federal research strategy developed under section 4(d) 
                and with the Foundation's mission;
                    (B) to help build relationships between forensic 
                science practitioners and members of the research 
                community;
                    (C) to encourage and promote the education and 
                training of a diverse group of people to be leaders in 
                the interdisciplinary field of forensic science; and
                    (D) to broadly disseminate the results of the 
                research conducted under subparagraph (A).
            (2) Limitation on use of funds.--No funds authorized under 
        this section may be used to construct or renovate a building or 
        structure.
            (3) Reports.--Each forensic science research center shall 
        submit an annual report to the Director of the National Science 
        Foundation, at such time and in such manner as the Director may 
        require, that contains a description of the activities the 
        center carried out with the funds received under this section.
    (c) Evaluation.--
            (1) In general.--The Director of the National Science 
        Foundation shall conduct a comprehensive evaluation of the 
        Foundation's full portfolio of forensic science research and 
        education grants every 4 years--
                    (A) to determine whether the research supported 
                under the grants is contributing to the objectives of 
                improving the foundation and practice of forensic 
                science in the United States; and
                    (B) to evaluate the extent to which the research is 
                contributing toward the priorities and objectives 
                described in the unified Federal research strategy 
                developed under section 4(d).
            (2) Report to congress.--The Director of the National 
        Science Foundation shall report to Congress the results of each 
        comprehensive evaluation under paragraph (1).

SEC. 8. FORENSIC SCIENCE AND STANDARDS AT NIST.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall--
            (1) conduct research supporting the development and 
        dissemination of methods, standards, and technical guidance for 
        forensic science measurements; and
            (2) identify and coordinate the development of voluntary 
        consensus forensic science standards, including--
                    (A) methods, standards, and technical guidance, 
                including protocols and best practices, for analysis 
                and interpretation;
                    (B) technical standards useful in the development 
                of products employed by forensic science practitioners;
                    (C) standard content, terminology, and parameters 
                to be used in reporting the results and interpretation 
                of forensic science measurements, tests, and 
                procedures; and
                    (D) standards for the interoperability of forensic 
                science-related technology and databases.
    (b) Validation Program.--The Director of the National Institute of 
Standards and Technology shall--
            (1) develop forensic science measurement standards, 
        standard reference materials, standard reference data, and 
        other reference materials to support forensic science 
        disciplines and associated measurements;
            (2) test and validate existing forensic science standards, 
        as appropriate; and
            (3) provide independent validation of forensic science 
        measurements and methods, as appropriate.
    (c) Consultation.--In carrying out its responsibilities under 
subsection (a), the Director of the National Institute of Standards and 
Technology, as appropriate, shall consult with, and in carrying out its 
responsibilities under subsection (a)(1) may partner or contract with--
            (1) standards development organizations and other 
        stakeholders, including the Department of Justice and other 
        relevant Federal agencies; and
            (2) testing laboratories, State and local forensic science 
        practitioners, and certification and accreditation bodies.
    (d) Prioritization.--When prioritizing its responsibilities under 
subsection (a), the Director of the National Institute of Standards and 
Technology shall consider--
            (1) the unified Federal research strategy developed under 
        section 4(d); and
            (2) the recommendations of the scientific area committees 
        established under subsection (f).
    (e) Public Review and Comment.--The Director of the National 
Institute of Standards and Technology shall ensure that any proposed 
voluntary consensus standards, guidelines, or methods developed by the 
National Institute of Standards and Technology under this section are 
publically available, and that the forensic community has an 
opportunity for public review and comment on voluntary consensus 
standards.
    (f) Center of Excellence.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish and operate a 
        competitively selected Center of Excellence focusing on 
        measurement sciences, technology, and standards in forensic 
        science with the following objectives:
                    (A) To improve the standards of practice in the 
                forensic sciences in the United States.
                    (B) To produce research collaborations among the 
                National Institute of Standards and Technology, 
                academia, forensic science practitioners, and industry 
                focused on accelerating innovations and new technology 
                development in the forensic sciences.
                    (C) To fund the development of new forensics 
                techniques, including automated testing methodologies, 
                and to help transition these techniques to industry and 
                practitioners.
                    (D) To evaluate new and existing forensic 
                techniques in terms of reliability, cost effectiveness, 
                and other metrics, as appropriate, and to help 
                transition these techniques to industry and 
                practitioners.
                    (E) To provide training opportunities for 
                undergraduate, graduate, and postdoctoral students in 
                measurement science, as is relevant to the forensic 
                disciplines.
                    (F) To encourage interdisciplinary research in the 
                forensic sciences by leveraging access to unique 
                National Institute of Standards and Technology 
                facilities and expertise, as appropriate.
                    (G) To broadly disseminate the results of the 
                National Institute of Standards and Technology forensic 
                science research.
            (2) Evaluation.--The Director of the National Institute of 
        Standards and Technology shall conduct a comprehensive 
        evaluation of the Center of Excellence every 4 years--
                    (A) to determine whether the Center of Excellence 
                is achieving the objectives outlined in paragraph (1); 
                and
                    (B) to evaluate the extent to which the Center of 
                Excellence is contributing toward the priorities and 
                objectives described in the unified Federal research 
                strategy developed under section 4(d).
            (3) Report requirement.--The Director of the National 
        Institute of Standards and Technology shall report to the 
        Committee on Commerce, Science, and Transportation and the 
        Committee on the Judiciary of the Senate, the Committee on 
        Science, Space, and Technology and the Committee on the 
        Judiciary of the House of Representatives, and the Director of 
        the Coordinating Office the results of each comprehensive 
        evaluation under paragraph (2).
    (g) Scientific Area Committees.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish scientific area 
        committees to identify gaps in and opportunities for standards 
        development in the forensic sciences. The scientific area 
        committees shall be administered by the Director of the 
        National Institute of Standards and Technology.
            (2) Duties.--
                    (A) In general.--The scientific area committees 
                shall be the primary mechanism for identifying and 
                coordinating the development of voluntary consensus 
                forensic science standards as described in subsection 
                (a). The scientific area committees shall submit, for 
                consideration by forensic science stakeholders and by 
                the Commission established in section 9, 
                recommendations on these forensic science standards. In 
                accomplishing this objective, the scientific area 
                committees shall--
                            (i) encourage information exchange within 
                        the forensic science community, to include 
                        researchers, practitioners, law enforcement, 
                        and legal professionals;
                            (ii) ensure that standards development is 
                        appropriate to the needs of the forensic 
                        science community and relevant to practical 
                        applications;
                            (iii) take into account existing studies 
                        and reports; and
                            (iv) support public participation in the 
                        standards development process and the broad 
                        adoption of forensic science standards by 
                        holding public meetings and disseminating work 
                        products for public review and comment to the 
                        extent practicable.
                    (B) Validation of recommendations.--A 
                recommendation on a forensic science standard under 
                subparagraph (A) may not be published in the Federal 
                Register until it has been subject to the validation 
                program described in subsection (b).
            (3) Members.--The scientific area committees shall have 
        significant representation from forensic science practitioners, 
        academic researchers, and statisticians to balance scientific 
        rigor with practical and regulatory constraints, and, to the 
        extent practicable, the majority of the scientific area 
        committees shall have a minimum representation of 50 percent 
        from forensic science practitioners. Each member of a 
        scientific area committee shall have significant academic, 
        research, or practical expertise in a discipline of forensic 
        science or in another area relevant to the purpose of the 
        scientific area committee.
            (4) Federal advisory committee act.--A scientific area 
        committee established under this subsection shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 9. NATIONAL COMMISSION ON FORENSIC SCIENCE.

    (a) Establishment.--The Director of the National Institute of 
Standards and Technology and the Attorney General, in consultation with 
the Director of the National Science Foundation, shall establish a 
National Commission on Forensic Science.
    (b) Duties.--The Commission shall--
            (1) provide advice to Federal agencies implementing the 
        unified Federal research strategy developed under section 4(d);
            (2) provide advice to the National Institute of Standards 
        and Technology, including recommendations regarding the 
        National Institute of Standards and Technology's 
        responsibilities under section 8;
            (3) receive and review recommendations on standards 
        development from the scientific area committees established 
        under section 8(g) and, based on its review, advise the 
        Department of Justice on the promotion of forensic science 
        standards; and
            (4) provide advice to the Department of Justice, including 
        recommendations regarding the development of a forensic science 
        uniform code of professional responsibility and the Department 
        of Justice's responsibilities under section 10.
    (c) Subcommittees.--The Commission may form subcommittees related 
to specific disciplines in forensic science or as necessary to further 
its duties under subsection (b). A subcommittee may include an 
individual who is not a member of the Commission.
    (d) Chairs.--The Director of the National Institute of Standards 
and Technology and the Attorney General, or their designees, shall co-
chair the Commission.
    (e) Membership.--The Director of the National Institute of 
Standards and Technology and the Attorney General, in consultation with 
the Director of the National Science Foundation, shall appoint each 
member of the Commission. The Commission shall include balanced 
representation among--
            (1) independent scientists with expertise in forensic 
        science disciplines and other related disciplines, including 
        statistics, social sciences, and engineering;
            (2) forensic science practitioners, including forensic 
        science experts at Federal, State, local, and tribal forensic 
        laboratories; and
            (3) users and parties subject to the use of forensic 
        evidence in the legal system, including the legal community, 
        victim advocate organizations, and law enforcement.
    (f) Administration.--The Attorney General shall provide 
administrative support to the Commission.

SEC. 10. ADOPTION, ACCREDITATION, AND CERTIFICATION.

    The Attorney General shall promote the adoption of forensic science 
standards developed under section 8, including--
            (1) by requiring, as appropriate, each laboratory under the 
        Department of Justice to adopt the forensic science standards;
            (2) by encouraging other Federal forensic laboratories to 
        adopt the forensic science standards;
            (3) by promoting accreditation and certification 
        requirements based on the forensic science standards; and
            (4) by promoting any recommendations made by the Commission 
        for adoption and implementation of forensic science standards.
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